The Supreme Court yesterday issued an Interim Order preventing authorities including the Colombo Municipal Council (CMC) from dumping garbage in the Muthurajawela Sanctuary, until July 20.
Two-judge-bench comprising Chief Justice Priyasath Dep and Justice Upaly Abeyratne made this order pursuant to a fundamental rights petition filed by 35 five residents in the close proximity of the Muthurajawela Sanctuary seeking an Interim Order directing the authorities not to store or dump garbage in the Sanctuary.
Counsel Senani Dayaratne appearing for the CMC Municipal Commissioner informed Court that the CMC was not disposing garbage at the Muthurajawela Sanctuary. “As of yesterday, no garbage dumping is taking place by CMC. Dumping of garbage is not taking place withing the sanctuary.The petitioners have to establish prima facie evidence to prove that the dumping of garbage is taking place within the sanctuary,” Dayaratne said.
Meanwhile, the Supreme Court directed the authorities to submit in Court a map relating to the Muthurajawela Sanctuary on July 20 in order to ascertain whether garbage dumping really happened within the sanctuary.
The petitioners cited Colombo Municipal Council (CMC), CMC Municipal Commissioner, Urban Development Authority (UDA), Central Environment Authority (CEA), the Wattala Pradeshiya Sabha and six other parties as respondents.
The petitioners further stated that the petitioners and their families and other residents of the close proximity of Muthurajawela Sanctuary have been severely affected and continue to be affected by this dumping.
The petitioners further stated that the area in question is declared a sanctuary under the Flora and Fauna Protection Act by the gazette dated 31.10.1996 in recognition of its vast bio-diversity.
The petitioners further stated that the Muthurajawela is also a large paddy field and it is also consist of water canals marsh lands and the forest.
As per the register of the Agrarian Development Office of the area shows that the total extent of paddy fields in the Muthurajawela amount to 635 acres and a marsh and mangrove amounts to 7000 acres, the petitioners added.
The petitioners stated that by the said action of dumping garbage in to the sanctuary without any authority or following property procedures, the authorities who allowed and commits such acts have violated the Laws of the country including section 33(1) and 34(1) of the Agrarian Development Act No.46 of 2000, section 7(1) (h) (i), section 7(1) (c) (ii) of the Flora and Fauna Protection Ordinance.
The said acts done by the CMC have infringed Fundamental Rights of the petitioners as well as of the members of the general public guaranteed to them by them by article 12(1) and 14(1) (g) and the Fundamental Right to life which is also constituted and guaranteed by the constitution of the republic.
The petitioners further sought a declaration on the respondents to take necessary actions and appropriate steps to ensure that no garbage is deposited and dumped in the Muthurajawela Sanctuary.
Senior Counsel Dr. Sunil Coorey appeared for the petitioners.
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